A family in Louisiana has filed a lawsuit against the Livingston Parish Sheriff’s Office, alleging excessive force and unlawful arrest by one of its deputies. The complaint was lodged by Allison R. Bankston and Marshall Bankston on behalf of their minor child, M.B., in the United States District Court for the Middle District of Louisiana on August 16, 2024. The defendants named in the case are the Livingston Parish Sheriff’s Office, represented by Sheriff Jason Ard, and Deputy Dyllan Hodges.
According to the court filing, the incident occurred on August 18, 2023, when Mrs. Bankston was at her home in Tickfaw, Louisiana. A neighbor had called the police to complain about Mrs. Bankston's dogs being on his property. Deputy Hodges responded to the call around 2:00 p.m. Upon arrival, he knocked on the front door but had to speak with Mrs. Bankston outside as she could not open the front door due to it being blocked by furniture.
Mrs. Bankston claims that during their conversation outside her house, she offered to show Deputy Hodges that her dogs were inside and leashed. However, as they walked towards the side of her house, Deputy Hodges allegedly grabbed her without warning and placed her into an armlock for approximately two minutes while she cried out in pain but did not resist or struggle.
The situation escalated further when Deputy Hodges allegedly told Mrs. Bankston she had "the right to remain silent" and then called her a "criminal" after she stopped answering his questions. He then reportedly grabbed her again, took her to the ground forcefully, and handcuffed her without prior warning or informing her that she was under arrest.
Mr. Bankston arrived home from work during this altercation and witnessed his wife being taken down by Deputy Hodges. Their minor daughter M.B., who was in a car seat in Mr. Bankston's vehicle, also witnessed these events unfold.
The plaintiffs argue that these actions were an excessive use of force as per both federal and state laws including violations under 42 U.S.C §1983 and various amendments of the U.S Constitution along with Louisiana Civil Code Articles related to assault and battery among others.
The plaintiffs are seeking compensatory damages for physical injuries suffered by Mrs.Bankston such as neck pain requiring medical treatment; emotional distress experienced by all family members; punitive damages against Deputy Hodges personally; attorney fees; costs associated with legal proceedings; judicial interest from date of demand until paid; loss of consortium for Mr.Bankston due to his wife's injuries among other reliefs deemed appropriate by court.
Representing attorneys for plaintiffs are Rusty M.Messer (30634) & Aimee E.Kaloyares (36883) from Baton Rouge-based law firm Big River Law Firm located at Sherwood Common Blvd., Suite303 Baton Rouge LA70816.Tel:(225)963-9638 Fax:(225)384-6762.Email:rusty@BigRiverLaw.com aimee@BigRiverLaw.com
The case is assigned Case ID:3:24-cv-00676-RLB-SDJ before Judge & Magistrate respectively yet unspecified.